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13 April 2007 / Louis Flannery KC
Issue: 7268 / Categories: Features , Procedure & practice , Profession , Arbitration
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Arbitration rules

Louis Flannery reviews two important appellate decisions showing judicial support for arbitration

In Fiona Trust and Holding Corp v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan), the Court of Appeal looked at the concept of separability of arbitration clauses in contracts. It grappled with problems that arise where a party to a contract containing an arbitration clause allegedly tainted by illegality seeks to challenge the jurisdiction of the arbitrator to consider any claims under the contract.

In West Tankers Inc v AS Riunione Adriatica di Sicurta SpA, The Front Comor [2007] UKHL 4, [2007] All ER (D) 249 (Feb), the House of Lords referred to the European Court of Justice (ECJ) the question of whether or not anti-suit injunctions are still available to restrain court proceedings brought in breach of an arbitration clause following two recent ECJ decisions that might suggest otherwise.

Fiona Trust: the facts

The contracts in Fiona Trust and Holding Corpn v Privalov [2006] EWHC 2583 (Comm), [2007] 1 All ER (Comm) 81, were time charterparties. It was alleged by the shipowner claimants that the

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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